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DRAFT REPORT (2023/2184(INL))

With recommendations to the Commission on Promotion of the freedom of scientific research in the EU

ITRE-PR-751835

Committee on Industry, Research and Energy · Rapporteur: Christian Ehler

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This is a draft report by the Committee on Industry, Research and Energy asking the Commission to propose an act on the freedom of scientific research in the EU. It says this freedom is under pressure in the Union and that the Commission is not using its legal authority to protect it. It calls on the Commission to act, on member states to respect the freedom, and on the European Council to support it. It asks the Commission to submit a proposal based on Article 182(5) and Article 179(1) of the Treaty on the Functioning of the European Union, following principles in an annex.

Committee position. The rapporteur proposes that Parliament ask the Commission to submit a proposal for an act on the freedom of scientific research, based on Article 182(5) and Article 179(1) of the Treaty on the Functioning of the European Union, and calls on the Commission, member states and the European Council to protect and promote this freedom.

Key points

  1. The report acknowledges the fundamental importance of freedom of scientific research for innovation, progress and wellbeing in the Union.
  2. It is concerned about recent backsliding of this fundamental right, which it says threatens a functioning and competitive European Research Area.
  3. It notes that the Commission's communication 'A new ERA for Research Innovation' confirms that completing the European Research Area requires full respect of this freedom.
  4. It is deeply concerned that the Commission is failing to use its legal authority to protect this freedom.
  5. It reaffirms the Union's commitment to fundamental rights, including academic freedom and freedom of scientific research and the arts, as enshrined in the Charter of Fundamental Rights.
  6. It urges the Commission to take all necessary steps to protect and promote this freedom, including using its legal authority to prevent further backsliding.
  7. It calls on member states to fully respect and uphold this freedom and to ensure that measures taken in the name of public interest do not unduly restrict it.
  8. It stresses that completing the European Research Area requires full respect of this freedom, and that undermining it or failing to promote it will harm a competitive and innovative European Research Area.
  9. It calls the Commission's failure to use its legal authority a serious abdication of responsibility and asks for immediate action to remedy it.
  10. It calls on the European Council to support the protection and promotion of this freedom and to ensure it is fully respected in all member states.
  11. It requests that the Commission submit a proposal for an act on the freedom of scientific research, based on Article 182(5) and Article 179(1) of the Treaty on the Functioning of the European Union, following principles and aims in an annex.

Who is affected

  • The Commission, which is asked to use its legal authority and to propose an act on the freedom of scientific research.
  • Member states, which are called on to respect and uphold the freedom of scientific research.
  • The European Council, which is called on to support the protection and promotion of this freedom.
  • The academic sector, which the report says is subject to regimes designed for regulating the internal market that limit the freedom of scientific research.

Figures and deadlines

  • 20 October 2020: date the Bonn Declaration on Freedom of Scientific Research was adopted in Bonn.
  • 30 September 2020: date of the Commission communication 'A new ERA for Research and Innovation'.
  • 3 December 2020: date of the Commission communication 'the European Democracy Action Plan'.
  • 19 November 2020: date of the Rome Ministerial Communiqué.
  • 10 January 2006: date of the Court of Justice judgment in Case C-66/18.
  • 2017: year of the UNESCO Recommendation on Science and Scientific Researchers.
  • 21 October to 12 November 1997: dates of the 29th session of the UNESCO General Conference that adopted the Recommendation Concerning the Status of Higher Education Teaching Personnel.

Legal basis: Article 225 of the Treaty on the Functioning of the European Union; Articles 49, 56 and 179(1) of the Treaty on the Functioning of the European Union; Article 13 of the Charter of Fundamental Rights of the European Union.